Stolen military records

Yes, it is highly illegal to steal military records. Because military records are official government property, stealing, concealing, or destroying them is a severe federal offense that carries heavy prison sentences and financial penalties. [12345]

Depending on how the records are stolen and what they are used for, the crime falls under several specific areas of federal law:

1. Theft and Destruction of Government Records

Taking physical or digital records from a government entity—such as the National Archives (NARA) or a military installation—violates general federal property laws: [1]

  • 18 U.S. Code § 641: Criminalizes the theft, embezzlement, or knowing conversion of any record or voucher belonging to the United States. Convictions carry a penalty of up to 10 years in prison. [1]
  • 18 U.S. Code § 2071: Outlaws willfully concealing, removing, mutilating, or destroying public records. This carries a penalty of up to 3 years in prison. If a government custodian commits this act, they must also forfeit their office and are disqualified from holding future federal employment. [123]

2. National Security and Espionage

If the stolen military records contain classified information or detail national defense strategies, the crime transitions into a national security threat: [1]

  • The Espionage Act (18 U.S. Code § 793): Criminalizes gathering, transmitting, or losing defense information. Accessing or taking classified military files with the intent or belief that it could harm the U.S. or benefit a foreign nation is punishable by up to 10 years per count. [12]

3. Identity Theft and Military Fraud

Stealing another service member’s personnel files (like a DD Form 214 discharge record) to impersonate them or claim unearned benefits triggers fraud statutes: [1]

  • Identity Theft: Using a service member’s personal details without authorization carries heavy state and federal penalties.
  • The Stolen Valor Act of 2013: Falsifying military records or lying about military decorations (such as the Purple Heart or Medal of Honor) specifically to obtain money, property, or employment benefits is a federal misdemeanor punishable by up to 1 year in prison. [123]

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